Walker v. Griffin's Heirs,
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24 U.S. 375 (1826)
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U.S. Supreme Court
Walker v. Griffin's Heirs, 24 U.S. 375 (1826)
Walker v. Griffin's Heirs
24 U.S. 375
Devise of the testator's estate,
"one-fourth part to be given to the families of G. Holloway, W. B. Blackbourn, and A. Bartlett, to those of their children, that my wife shall think proper, but in a greater proportion to F. P. Holloway, than to any other of G. Holloway's children; to E. P. Bartlett in a greater proportion than any of A. Bartlett's children. The balance to be given to the families of C. and J. T. Griffin's children, in equal proportion."
Held that the children of C. and J. T. Griffin took per stirpes, and not per capita, and that the property devised to them was to be divided into two equal parts, one moiety to be assigned to each family.